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Thursday, March 14, 2013

The European Union: Questions and Answers



Kristin Archick
Specialist in European Affairs

The European Union (EU) is a political and economic partnership that represents a unique form of cooperation among sovereign countries. The Union is the latest stage in a process of integration begun after World War II, initially by six Western European countries, to foster interdependence and make another war in Europe unthinkable. Today, the EU is composed of 27 member states, including most of the countries of Central and Eastern Europe, and has helped to promote peace, stability, and economic prosperity throughout the European continent.

The EU has been built through a series of binding treaties, and over the years, EU member states have sought to harmonize laws and adopt common policies on an increasing number of economic, social, and political issues. EU member states share a customs union, a single market in which goods, people, and capital move freely, a common trade policy, and a common agricultural policy. Seventeen EU member states use a common currency (the euro). In addition, the EU has been developing a Common Foreign and Security Policy (CFSP), which includes a Common Security and Defense Policy (CSDP), and pursuing cooperation in the area of Justice and Home Affairs (JHA) to forge common internal security measures.

EU member states work together through common institutions to set policy and to promote their collective interests. Key EU institutions include the European Council, composed of EU Heads of State or Government, which acts as the strategic guide and driving force for EU policy; the European Commission, which upholds the common interest of the Union as a whole and functions as the EU’s executive; the Council of the European Union (also known as the Council of Ministers), which represents the national governments; and the directly elected European Parliament, which represents the citizens of the EU.

EU decision-making processes and the role played by the EU institutions vary depending on the subject under consideration. For most economic and social issues, EU member states have largely pooled their national sovereignty, and EU decision-making has a supranational quality. Decisions in other areas, such as foreign policy, require the unanimous consensus of all 27 member states. The Lisbon Treaty, which took effect in December 2009, is the EU’s latest attempt to reform its governing institutions and decision-making processes in order to enable an enlarged EU to function more effectively. The Lisbon Treaty also seeks to give the EU a stronger voice in the foreign policy realm and to increase democratic transparency within the EU.

The United States has strongly supported the European integration project since its inception as a means to foster democratic states and robust trading partners. The United States and the EU have a dynamic political partnership and share a huge trade and investment relationship. To expand and strengthen the transatlantic economy even further, the United States and the EU plan to launch negotiations on a comprehensive and ambitious Transatlantic Trade and Investment Partnership. Nevertheless, some tensions exist in the broad relationship, ranging from long-standing U.S.-EU trade disputes to those arising from different U.S.-EU views on data privacy and climate change. And while some in the EU are concerned that the U.S. “pivot” toward Asia could ultimately weaken U.S.-EU ties, U.S. officials worry that the ongoing Eurozone crisis could adversely affect the U.S. economic recovery.

This report serves as a primer on the EU and provides a brief description of U.S.-EU relations that may be of interest in the 113
th Congress. For more information, also see CRS Report RS22163, The United States and Europe: Current Issues, by Derek E. Mix.


Date of Report: March 4, 2013
Number of Pages: 17
Order Number: RS21372
Price: $29.95

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Wednesday, March 13, 2013

The United Nations Convention on the Rights of Persons with Disabilities: Issues in the U.S. Ratification Debate



Luisa Blanchfield, Coordinator
Specialist in International Relations

Cynthia Brougher
Legislative Attorney

James V. DeBergh
Legislative Attorney


During the 113th Congress, the Senate might consider providing its advice and consent to ratification of the U.N. Convention on the Rights of Persons with Disabilities (CRPD, or the Convention). CRPD, which has been ratified or acceded to by 129 countries, is a multilateral agreement that addresses the rights of disabled persons. Its purpose is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.

Many U.S. policymakers, including President Obama and some Members of Congress, agree that existing U.S. laws and policies are compatible with CRPD. In fact, some CRPD provisions appear to be modeled after U.S. disability laws. The United States has historically recognized the rights of individuals with disabilities through various laws and policies, including the Americans with Disabilities Act.

In July 2009, President Obama signed CRPD. The Administration transmitted it to the Senate for advice and consent to ratification in May 2012. The Senate Committee on Foreign Relations (SFRC) held a hearing on the Convention in July 2012 and later that month reported the treaty favorably to the full Senate by a vote of 13 in favor and 6 against, subject to certain conditions. In December 2012, the Senate voted against providing advice and consent to ratification of CRPD by a vote of 61 to 38. The treaty was automatically returned to SFRC at the end of the 112
th Congress.

In debates regarding U.S. ratification of CRPD, the treaty’s possible impact on U.S. sovereignty has been a key area of concern. Critics of the Convention maintain that treaties are the “supreme Law of the Land” under the Constitution, and that U.S. ratification of CRPD could supersede federal, state, and local laws. Supporters assert that CRPD is a non-discrimination treaty that does not create new obligations. They contend that U.S. laws meet, and in some cases exceed, CRPD requirements. Debate may also center on the following issues:

  • Role of the CPRD committee. Critics are concerned that recommendations of the Committee on the Rights of Persons with Disabilities, the Convention’s monitoring body, could deem U.S. laws to be in violation of CRPD and presume authority over the private lives of U.S. citizens. Supporters, including the Obama Administration, emphasize that committee decisions are non-binding under international and domestic law.
  • Possible impact on U.S. citizens and businesses abroad. Some CRPD proponents contend that U.S. ratification may (1) improve the lives of U.S. citizens with disabilities living, working, or traveling abroad, and (2) “level the playing field” for U.S. companies that, unlike many of their foreign counterparts, already comply with higher disability standards. The extent to which U.S. ratification of CRPD may positively affect U.S. businesses or disabled U.S. citizens living or traveling abroad remains unclear.
  • Role in U.S. foreign policy. Supporters contend that U.S. ratification may enhance U.S. credibility as it advocates the rights of persons with disabilities globally. Opponents argue that existing U.S. laws and policies are robust enough examples of U.S. commitment to the issue.
  • Abortion. Some critics worry that the term “sexual and reproductive health” in CRPD could be a euphemism for abortion. Supporters note that the word “abortion” is never mentioned in CRPD and contend that no U.S laws related to abortion would be created as a result of U.S. ratification.
  • Parental rights. Some are concerned that the U.S. ratification may give governments, and not U.S. parents, the right to make educational and treatmentrelated decisions for their disabled children. Others, including the Obama Administration, hold that existing federal, state, and local laws protect parental rights.
Other issues that Senators may wish to consider include challenges to evaluating CRPD’s effectiveness, obstacles to CRPD implementation, and the role and participation of civil society in CRPD mechanisms.

For information on U.S. efforts to address the rights of persons with disabilities domestically, see CRS Report 98-921, The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues, by Cynthia Brougher and James V. DeBergh. An overview of treaty process is available in CRS Report 98-384, Senate Consideration of Treaties, by Valerie Heitshusen.


Date of Report: March 4, 2013
Number of Pages: 26
Order Number: R42749
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Tuesday, March 12, 2013

United Nations Reform: Issues for Congress



Luisa Blanchfield
Specialist in International Relations

Since its establishment in 1945, the United Nations (U.N.) has undergone numerous reforms as international stakeholders seek ways to improve the efficiency and effectiveness of the U.N. system. During the past two decades, controversies such as corruption in the Iraq Oil-For-Food Program, allegations of sexual abuse by U.N. peacekeepers, and instances of waste, fraud, and abuse by U.N. staff have focused attention on the need for change and improvement of the United Nations. Many in the international community, including the United States, continue to promote substantive reforms. The 113th Congress may focus on U.N. reform as it considers appropriate levels of U.S. funding to the United Nations and monitors the progress and implementation of ongoing and previously approved reform measures.

Generally, Congress has maintained a significant interest in the overall effectiveness of the United Nations. Some Members are particularly interested in U.N. Secretariat and management reform, with a focus on improving transparency and strengthening accountability and internal oversight. In the past, Congress has enacted legislation that links U.S. funding of the United Nations to specific U.N. reform benchmarks. Supporters of this strategy contend that the United Nations has been slow to implement reforms and that linking payment of U.S. assessments to progress on U.N. reform is the most effective way to motivate member states to efficiently pursue comprehensive reform. Opponents argue that tying U.S. funding to U.N. reform may negatively impact diplomatic relations and could hinder the United States’ ability to conduct foreign policy.

In September 2005, heads of U.N. member states met for the World Summit at U.N. Headquarters in New York to discuss strengthening the United Nations through institutional reform. The resulting Summit Outcome Document laid the groundwork for a series of reforms that included enhancing U.N. management structures; strengthening the U.N. Security Council; improving U.N. system coordination and coherence; and creating a new Human Rights Council. Since the Summit, U.N. member states have worked toward implementing these reforms with varied results. Some reforms, such as the creation of the Human Rights Council and improving systemwide coherence, are completed or ongoing. Others reforms, such as Security Council enlargement and changes to management structures and processes, have stalled or not been addressed.

One of the key challenges facing reform advocates is finding common ground among the disparate definitions of reform held by various stakeholders. There is no single definition of U.N. reform, and consequently there is often debate over the scope, appropriateness, and effectiveness of past and current reform initiatives. U.N. member states disagree as to whether some proposed reforms are necessary, as well as how to most effectively implement reforms. Developed countries, for example, support delegating more power to the U.N. Secretary-General to implement management reforms, whereas developing countries fear that giving the Secretary- General more authority may undermine the power of the U.N. General Assembly and therefore the influence of individual countries.

Generally, U.N. reform is achieved by amending the U.N. Charter or through various non-Charter reforms. Charter amendment, which requires approval by two-thirds of the General Assembly and ratification “according to the constitutional processes” of two-thirds of U.N. member states (including the five permanent Security Council members), is rarely used and has been practiced on only a few occasions. Non-Charter reforms—which include General Assembly action or initiatives by the U.N. Secretary-General—are more common and comparatively easier to achieve. This report will be updated as policy changes or congressional actions warrant.



Date of Report: February 20, 2013
Number of Pages: 24
Order Number: RL33848
Price: $29.95

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